Hardback
EU Competition Law and Intellectual Property Rights
This authoritative book from one of the top experts in the field sets out a detailed and practical analysis of the complex and often fraught relationship between EU competition rules and intellectual property rights. It is an essential resource for competition lawyers litigating Tech and Pharma cases and advising companies in those sectors, for in-house counsel within those industries, and for IP lawyers needing to understand the competition aspects of licensing agreements. It is also an indispensable reference for courts, enforcement agencies and national competition authorities, as well as for scholars researching in the field.
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Critical Acclaim
Contents
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This authoritative book from one of the top experts in the field sets out a detailed and practical analysis of the complex and often fraught relationship between EU competition rules and intellectual property rights (IPRs).
Beginning with a primer on the general principles that underpin intellectual property and competition law, the book then provides exhaustive coverage of the application of Article 101 TFEU on anticompetitive agreements to IP licensing. Detailed treatment of licensing agreements includes; agreements under the Technology Transfer Block Exemption regulation (TTBER); agreements outside of the scope of the TTBER, such as multilateral licences, pooling agreements and settlement agreements; horizontal agreements such as those relating to R&D; and vertical agreements such as those relating to distribution and franchising.
Extensive analysis of the application of Article 102 TFEU on abuse of dominance provides clarity on when and how conduct relating to IPRs might infringe Article 102. This is followed by a chapter dedicated to the EU merger control regime and its implications for IPRs, including their role in merger remedies. Whilst there is a focus on the Tech sector throughout, the book also includes a chapter dedicated to the pharmaceutical sector, and finally a chapter on Competition Law standards and FRAND.
Key Features:
● Focus on the Tech and Pharmaceutical sectors
● Extensive commentary on relevant case law and landmark judgments
● Coverage of general principles which underpin competition law and IPRs
● Practical guidance on how lawyers might assess the likelihood of infringement and advise clients accordingly
● Comprehensive treatment of competition rules relating to licence agreements across Patents, Copyright and Trade Marks
EU Competition Law and Intellectual Property Rights is an essential resource for competition lawyers litigating Tech and Pharma cases and advising companies in those sectors, for in-house counsel within those industries, and for IP lawyers needing to understand the competition aspects of licensing agreements. It is also an indispensable reference for courts, enforcement agencies and national competition authorities, as well as for scholars researching in the field.
Beginning with a primer on the general principles that underpin intellectual property and competition law, the book then provides exhaustive coverage of the application of Article 101 TFEU on anticompetitive agreements to IP licensing. Detailed treatment of licensing agreements includes; agreements under the Technology Transfer Block Exemption regulation (TTBER); agreements outside of the scope of the TTBER, such as multilateral licences, pooling agreements and settlement agreements; horizontal agreements such as those relating to R&D; and vertical agreements such as those relating to distribution and franchising.
Extensive analysis of the application of Article 102 TFEU on abuse of dominance provides clarity on when and how conduct relating to IPRs might infringe Article 102. This is followed by a chapter dedicated to the EU merger control regime and its implications for IPRs, including their role in merger remedies. Whilst there is a focus on the Tech sector throughout, the book also includes a chapter dedicated to the pharmaceutical sector, and finally a chapter on Competition Law standards and FRAND.
Key Features:
● Focus on the Tech and Pharmaceutical sectors
● Extensive commentary on relevant case law and landmark judgments
● Coverage of general principles which underpin competition law and IPRs
● Practical guidance on how lawyers might assess the likelihood of infringement and advise clients accordingly
● Comprehensive treatment of competition rules relating to licence agreements across Patents, Copyright and Trade Marks
EU Competition Law and Intellectual Property Rights is an essential resource for competition lawyers litigating Tech and Pharma cases and advising companies in those sectors, for in-house counsel within those industries, and for IP lawyers needing to understand the competition aspects of licensing agreements. It is also an indispensable reference for courts, enforcement agencies and national competition authorities, as well as for scholars researching in the field.
Critical Acclaim
‘This book is a tour de force of IP and competition law. It is a comprehensive resource for understanding key guidance and cases. With a strong economic foundation and an eye to the politics and history of the legal framework, it highlights how the legal frameworks are designed to support innovation and economic welfare. With an in-depth focus on life sciences and TMT, it is an indispensable guide to giving advice in an increasingly complex world of IP. Highly recommended.’
– Helen Jenkins, Oxera Consulting LLP, UK
‘The book tackles the most challenging issues on the competition law/IP interface head on. Aware that this remains a fast-evolving area, Pat Treacy guides us adeptly through competition enforcement policy to date and the jurisprudence as it stands, while helpfully returning to first principles to guide the reader on how one might assess the risks where uncertainty remains. An insightful and comprehensive contribution to the commentary.’
– Osman Zafar, General Counsel, Education, Oxford University Press, UK
‘Pat Treacy’s book on EU competition law and IP is a reflection of her lifetime of experience assisting clients across a broad range of industries with their most challenging matters. During my time at Samsung, Pat’s legal judgment and pragmatic counseling were critical to resolving some of the most complex risk profiles for Samsung’s most important product lines. Whether the technology involved commodity semiconductor markets, standard-essential telecommunication patents, or global IP portfolio licensing negotiations, Pat and her team at Bristows provided real-world recommendations and strategic advice that changed the course of decision-making for entire business units.’
– John Kim, Partner at Lee & Ko and former Assistant General Counsel of IP for Samsung Electronics, Seoul, Korea
‘An indispensable addition to the toolkit of any practitioner dealing with the complex relationship between EU Competition Law and IPRs. Pat is able to condense her decades-long experience in the field in a very accessible manner. The book is full of practical tips, making it a daily source of inspiration for competition lawyers litigating cases concerning IP related conducts and for IP lawyers needing to understand the competition law constraints in the exercise of IPRs. It will undoubtedly become one of the most often used resources on many desks.’
– Vittorio Cerulli Irelli, Partner, Trevisan & Cuonzo, Italy
– Helen Jenkins, Oxera Consulting LLP, UK
‘The book tackles the most challenging issues on the competition law/IP interface head on. Aware that this remains a fast-evolving area, Pat Treacy guides us adeptly through competition enforcement policy to date and the jurisprudence as it stands, while helpfully returning to first principles to guide the reader on how one might assess the risks where uncertainty remains. An insightful and comprehensive contribution to the commentary.’
– Osman Zafar, General Counsel, Education, Oxford University Press, UK
‘Pat Treacy’s book on EU competition law and IP is a reflection of her lifetime of experience assisting clients across a broad range of industries with their most challenging matters. During my time at Samsung, Pat’s legal judgment and pragmatic counseling were critical to resolving some of the most complex risk profiles for Samsung’s most important product lines. Whether the technology involved commodity semiconductor markets, standard-essential telecommunication patents, or global IP portfolio licensing negotiations, Pat and her team at Bristows provided real-world recommendations and strategic advice that changed the course of decision-making for entire business units.’
– John Kim, Partner at Lee & Ko and former Assistant General Counsel of IP for Samsung Electronics, Seoul, Korea
‘An indispensable addition to the toolkit of any practitioner dealing with the complex relationship between EU Competition Law and IPRs. Pat is able to condense her decades-long experience in the field in a very accessible manner. The book is full of practical tips, making it a daily source of inspiration for competition lawyers litigating cases concerning IP related conducts and for IP lawyers needing to understand the competition law constraints in the exercise of IPRs. It will undoubtedly become one of the most often used resources on many desks.’
– Vittorio Cerulli Irelli, Partner, Trevisan & Cuonzo, Italy
Contents
Contents:
Preface
Table of cases
Table of legislation
Introduction to EU law and intellectual property rights: scope and approach
1 Competition and IP law interface
2 Article 101 TFEU and IP Licensing
3 Technology Transfer Block Exemption
4 Competition law assessment of technology licences outside the TTBER
5 Other agreements involving IP licences
6 IP, dominance and abuse
7 Mergers and IP
8 IPR/Competition law issues in the pharmaceutical sector
9 Competition law, standards and FRAND
Preface
Table of cases
Table of legislation
Introduction to EU law and intellectual property rights: scope and approach
1 Competition and IP law interface
2 Article 101 TFEU and IP Licensing
3 Technology Transfer Block Exemption
4 Competition law assessment of technology licences outside the TTBER
5 Other agreements involving IP licences
6 IP, dominance and abuse
7 Mergers and IP
8 IPR/Competition law issues in the pharmaceutical sector
9 Competition law, standards and FRAND
